ppy 1 



LAWS 



KELATING TO THE 



RETIREMENT SYSTEM 



PUBLIC SCHOOL TEACHERS 



May, 1920 




BOSTON 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS 

32 DERNE STREET 

1920 



Publication of this Document 

appeoved by the 
Supervisor of Administration. 



LIBRARY OF 


CONGRESS 


PE'-E 


•VED 


JAM 5 


-1921 


DOCUMENT 


S DIVISION 



^ .K14- 



RETIREMENT SYSTEM FOR PUBLIC 
SCHOOL TEACHERS. 



Chapter 832, Acts of 1913. 

An Act to establish a Retirement System for Public 
School Teachers. 

construction. 

Section 1. The following words and phrases as used ^ndZZ"""^' 
in this act, unless a different meaning is plainly required defined. 
by the context, shall have the following meanings : — 

(1) ^'Retirement system" shall mean the arrangement 
provided in this act for payment of annuities and pensions 
to teachers. 

(2)^ "Annuities" shall mean paynlents for life derived 
from contributions from teachers. '' Annuities-certain " 
shall mean payments for a definite number of years only, 
derived from contributions from teachers, and the num- 
ber of years during which the payments shall be made 
shall be determined by the retirement board. 

(3) "Pensions" shall mean payments for life derived 
from contributions from the commonwealth. 

(4) "Teacher" shall mean any teacher, principal, super- 
visor or superintendent employed by a school committee, 
or board of trusteies, in a public day school within the 
commonwealth. 

(5) "Public school" shall mean any day school con- 
ducted within this commonwealth under the order and 
superintendence of a duly elected school committee and 
also any day school conducted under the provisions of 
chapter four hundred and seventy-one of the acts of the 
year nineteen hundred and eleven. 

(6)^ "Regular interest" shall mean interest at the rate 
determined by the retirement board and shall be sub- 
stantially that which is actually earned, which shall be 
compounded annually on the last day of December of 
each year. 

1 As amended by section 1, chapter 233, General Acts of 1917. 

2 As amended by section 1, chapter 257, General Acts of 1916. 



(7) "Retirement board" shall mean the teachers' re- 
tirement board, as provided in section four of this act. 

(8) "Retirement association'' shall mean the teachers' 
retirement association, as provided in section three of this 
act. 

(9) "Expense fund" shall mean the fund provided for 
in paragraph numbered one in section five of this act. 

(10) "Annuity fund" shall mean the fund provided for 
in paragraph numbered two in section five of this act. 

(11) "Pension fund" shall mean the fund provided for 
in paragraph numbered three in section five of this act. 

(12) "School year" shall mean the twelve months from 
the first day of July of any year to the thirtieth day of 
June next succeeding. 

(13) "Assessments" shall mean the annual payments to 
the annuity fund by members of the association. 



Teachers'retire- 
ment system 
established. 



ESTABLISHMENT OF A TEACHERS RETIREMENT SYSTEM. 

Section 2. A teachers' retirement system shall be 
established on the first day of July, nineteen hundred and 
fourteen. 



TEACHERS RETIREMENT ASSOCIATION. 

Organization. SECTION 3. A tcachcrs' retirement association shall be 
organized among the teachers in the public schools as 
follows : — 

(1) All teachers, except those specified in paragraph (3) 
of this section, who enter the service of the public schools 
for the first time on or after July first, nineteen hundred 
and fourteen, shall become thereby members of the associ- 
ation. 

(2)^ All teachers, except those specified in paragraph 
(3) of this section, who shall have entered the service of 
the public schools before June thirtieth, nineteen hun- 
dred and fourteen, may at any time between July first, 
nineteen hundred and fourteen, and September thirtieth, 
nineteen hundred and fourteen, upon application in writ- 
ing to the commissioner of education, become members 
of the retirement association. Any teacher failing to do 
so may thereafter become a member of the retirement 
association before attaining the age of seventy by paying 

1 As amended by section 18, chapter 292, General Acts of 1919. 



an amount equal to the total assessments, together with 
regular interest thereon, that he would have paid if he 
had joined the retirement association on September thir- 
tieth, nineteen hundred and fourteen. 

(3) Teachers in the service of the public schools of 
the city of Boston shall not be included as members of 
the retirement association.^ 

STATE teachers' RETIREMENT BOARD. 

Section 4. (1)^ The management of the retirement 5'^tirement 

. , , I'll)' 1 1 Board. 

system is hereby vested m the teachers retirement board, 
consisting of seven members: the insurance commissioner 
for the commonwealth, the bank commissioner for the 
commonwealth, the commissioner of education for the 
commonwealth, three members of the retirement associa- 
tion and one other person. Upon organization of the 
retirement association the members thereof shall elect 
from among their number in a manner to be approved 
by the insurance commissioner, the bank commissioner and 
the commissioner of education, three persons to serve upon 
the retirement board, one member to serve for one year, 
one for two years and one for three years, and thereafter 
the members of the retirement association shall elect 
annually from among their number in a manner to be 
approved by the retirement board one person to serve 
upon the retirement board for the term of three years. 
The seventh member of the retirement board shall be 
elected annually by the other six to serve for the term of 
one year. On a vacancy occurring on the board, a suc- 
cessor of such person whose place has become vacant shall 
be chosen in the same manner as his predecessor to serve 
until the next annual election. Until the organization of 
the retirement association and the election of three rep- 
resentatives therefrom, the insurance commissioner, the 
bank commissioner and the commissioner of education^ 
shall be empowered to perform the duties of the retire- 
ment board. 

(2) The members of the retirement board shall serve 
without compensation, but they shall be reimbursed from 
the expense fund of the retirement association for any 
expenditures or loss of salary or wages which they may 
incur through serving on the board. All claims for reim- 

i Modified for industrial school teachers, by chapter 494, Acts of 1914, see page 19. 
2 Modified by sections 56 and 61, chapter 350, General Acts of 1919; see page 24. 



Creation of 
funds. 



Expense fund. 



Annuity fund. 



Rate of 

assessment. 



bursement on this account shall be subject to the approval 
of the governor and council. 

(3) The retirement board shall have power to make 
by-laws and regulations not inconsistent with the pro- 
visions of this act; and to employ a secretary who shall 
give a bond in such amount as the board shall approve, 
and clerical and other assistance as may be necessary. 
The salaries shall be fixed by the board, with the approval 
of the governor and council. 

(4) The retirement board shall provide for the payment 
of retirement allowances and such other expenditures as 
are required by the provisions of this act. 

(5) The retirement board shall adopt for the retirement 
system one or more mortality tables, and shall determine 
what rates of interest shall be established in connection 
with such tables, and may later modify such tables or 
prescribe other tables to represent more accurately the 
expense of the retirement system or may change such rates 
of interest, and may determine the application of the 
changes made. 

(6) The retirement board shall perform such other func- 
tions as are required for the execution of the provisions of 
this act. 

CREATION OF FUNDS. 

Section 5. The funds of the retirement system shall 
consist of an expense fund, an annuity fund and a pension 
fund. 

(1) The expense fund shall consist of such amounts as 
shall be appropriated by the general court from year to 
year on estimates submitted by the retirement board to 
defray the expense of the administration of this act, 
exclusive of the payment of retirement allowances. 

(2) ^ The annuity fund shall consist of assessments paid 
by members of the retirement association, and interest 
derived from investments of the annuity fund. Each 
member of the retirement association shall pay into the 
annuity fund, by deduction from his salary in the manner 
provided in section nine, paragraph five, of this act, such 
assessments upon his salary as may be determined by the 
retirement board. The rate of assessment shall be estab- 
lished by the retirement board on the first day of July of 
each year after a prior notice of at least three months, 



1 As amended by sections 111 and 112, chapter 257, General Acts of 1918. 



and shall at any given time be uniform for all members of 
the retirement association, and shall not be less than 
three per cent nor more than seven per cent of the mem- 
ber's salary: provided, hoivever, that when the total sum of Proviso, 
assessments on the salary of any member at the rate estab- 
lished by the retirement board would amount to more 
than one hundred dollars or less than thirty-five dollars 
for a full school year, such member shall in lieu of assess- 
ments at the regular rate be assessed at the rate of one 
hundred dollars a year or thirty-five dollars a year as the 
case may be, payable in equal instalments to be assessed 
for the number of months during which the schools of the 
community in which such member is employed are com- 
monly in session. Any member of the retirement associa- 
tion who shall for thirty years have paid regular assess- 
ments to the annuity fund as provided herein, shall be 
exempt from further assessments; but such member may 
thereafter, if he so elects, continue to pay his assessments 
to the fund. No member, however, shall pay further as- 
sessments after the total sum of assessments paid by him 
shall at any time have amounted, with regular interest, to 
a sum sufficient to purchase an annuity of five hundred 
dollars at age sixty; and interest thereafter accruing shall 
be paid to the member at the time of his retirement. 

(3) The pension fund shall consist of such amounts as Pension fund. 
shall be appropriated by the general court from time to 
time on estimates submitted by the retirement board for 
the purpose of paying the pensions provided for in this act. 

(4)^ Members of the retirement association,^ estab- 
lished by chapter five hundred and thirty-two of the 
acts of the year nineteen hundred and eleven, as amended, 
who enter the service of the public schools shall have the 
full amount of their contributions, together with such in- 
terest as shall have been earned thereon, transferred by 
the treasurer of the commonwealth to the annuity fund 
established by paragraph (2) of this section, and these 
amounts shall thereby become a part of their assessments. 

PAYMENT OF RETIREMENT ALLOWANCES. 

Section 6. (1)^ Any member of the retirement associa- Age at which 
tion may retire from service in the public schools on at- Ke^J^Jired!^^^ 

1 As amended by chapter 197, General Acts of 1915. 

2 The Retirement System established for State employees. 

3 As amended by section 113, chapter 257, General Acts of 1918. 



8 

taining the age of sixty years, or at any time thereafter. 
If in the opinion of the employing school committee any 
member of the retirement association who has attained 
said age is incapable of rendering satisfactory service as 
a teacher he may with the approval of the retirement 
board be retired by such committee. 

(2)^ Any member of the retirement association shall be 
retired from service in the public schools at the end of the 
school 3^ear in which the age of seventy is attained; except 
that any member attaining the age of seventy during the 
months of July, August or September shall be retired upon 
attaining that age. 
T&dSSmf (^) ^ member of the retirement association after his 

allowances. retirement under the provisions of paragraphs numbered 
(1) or (2) of this section, shall be entitled to receive from 
the annuity fund, as he shall elect at the time of his re- 
tirement, on the basis of tables adopted by the retirement 
board : — (a) an annuity, payable in quarterly payments, 
to which the sum of his assessments under section ^ve, 
paragraph (2), with regular interest thereon, shall entitle 
him; or, (b) an annuity of less amount, as determined by 
the retirement board for the annuitants electing such op- 
tion, payable in quarterly payments, with the provision 
that if the annuitant dies before receiving payments equal 
to the sum of his assessments under section five, para- 
graph (2), with regular interest, at the time of his retire- 
ment, the difference between the total amount of said 
payments and the amount of his contributions with regu- 
lar interest shall be paid to his legal representatives. 

(4) ^ Any member of the retirement association receiving 
payments of an annuity as provided in paragraph (3) of 
this section, if not rendered ineligible therefor by section 
twelve, shall receive with each quarterly payment of his 
annuity an amount from the pension fund as directed by 
the retirement board equal to the quarterly annuity pay- 
ment to which he would be entitled if his annuity were 
reckoned under the provisions of paragraph (3) (a) of this 
section. 

(5)^ Any teacher who shall have become a member of 
the retirement association under paragraph (2) of section 
three, and who shall have served fifteen years or more in 

1 As amended by section 1, chapter 335, Acts of 1920. 

2 As amended by section 2, chapter 335, Acts of 1920. 

3 As amended by section 3, chapter 335, Acts of 1920. 



9 

the public schools of the commonwealth, not less than five 
of which shall immediately precede retirement, on retiring 
as provided in paragraphs (1) or (2) of this section, shall 
be entitled to receive a retiring allowance as follows: (a) 
such annuity and pension as may be due under paragraphs 
(3) and (4) of this section; (b) an additional pension of 
such an amount that the sum of the additional pension 
and the pension provided for in paragraph (4) of this sec- 
tion shall equal the pension to which he would have been 
entitled under this act if he had paid thirty assessments 
based on his average yearly rate of salary for the five 
years immediately preceding retirement at the rate of 
assessment in effect at the time of his retirement, and his 
account had been annually credited with interest at the 
rate of four per cent per annum: provided, that if his term 
of service in the commonwealth shall have been over thirty 
years, the thirty assessments with interest, as provided 
above, shall be credited with interest at the rate of four 
per cent compounded annually for each year of service in 
excess of thirty years, but the assumed accumulation of 
assessments with interest under this paragraph shall not 
exceed the amount which at the age of sixty and in ac- 
cordance with paragraph (3) (a) of this section, will pur- 
chase an annuity of five hundred dollars; and provided, 
further, that the minimum pension shall be of such an 
amount that the annual pension, plus the annual amount 
which would have been paid from the annuity fund if the 
member had chosen an annuity computed under para- 
graph (3) (a) of this section, shall be four hundred dollars. 
If a member is at any time eligible to retire and receive a 
pension computed under this paragraph, he shall receive 
upon retirement a pension computed hereunder without 
the necessity of five years of continuous service preceding 
retirement. 

(6) If at any time it is impossible or impracticable to 
consult the original records as to wages received by a 
member during any period, the retirement board shall 
determine the pension to be paid under paragraph num- 
bered (5) (6) of this section in accordance with the evi- 
dence they may be able to obtain. 

(7)^ In determining the retiring allowance of a member 
of the retirement association who was regularly employed 

1 As amended by chapter 49, Acts of 1920, 



10 

by the commonwealth prior to June first, nineteen hun- 
dred and twelve, or as a teacher in the public schools of 
the commonwealth prior to July first, nineteen hundred 
and fourteen, credit shall be given in the manner provided 
for by paragraph (5) of this section, and amendments 
thereof, for all periods of employment by the common- 
wealth and of service as a teacher in the public schools, 
if such service is fifteen years or more, not less than B^ve 
of which shall immediately precede retirement: provided, 
that this paragraph shall not apply to any person who had 
the option of joining the retirement association established 
by chapter ^ve hundred and thirty-two of the acts of 
nineteen hundred and eleven and did not become a mem- 
ber thereof. Such rules as the retirement board may adopt 
under the provisions of paragraph (3) of section seven of 
said chapter eight hundred and thirty-two, as revised by 
section nineteen of chapter two hundred and ninety-two of 
the General Acts of nineteen hundred and nineteen, gov- 
erning the reinstatement of members of the retirement 
association, shall apply to a person becoming a member 
thereof after July first, nineteen hundred and twenty, who 
shall have withdrawn any sum from the retirement asso- 
ciation established by said chapter five hundred and 
thirty-two. 

(8)^ Any member of the retirement association whose 
employment by the commonwealth and service in the pub- 
lic schools of the commonwealth amount to twenty or 
more years, the last five years of which are consecutive, 
and who, before attaining the age of sixty, becomes per- 
manently incapable of rendering satisfactory service as a 
teacher by reason of physical or mental disability, may, 
with the approval of the retirement board, be retired by 
the employing school committee. 

(9)^ Any member of the retirement association shall, 
upon retirement under the provisions of paragraph (8) of 
this section, and during the continuance of disability, be 
entitled to receive from the annuity fund, in quarterly 
payments, a sum computed in accordance with the pro- 
visions of paragraph (3) of this section: provided, that 
upon the approval of the retirement board, an annuity- 
certain based upon the tables of the board may be 
substituted for either of the plans provided for in said 

1 As amended by chapter 233, General Acts of 1917, and chapter 335, Acts of 1920. 

2 As amended by chapter 233, General Acts of 1917. 
I 



11 

paragraph, and in case of the death of the annuitant before 
all the instalments-certain have been paid, the value at 
that time of the unpaid instalments, as determined on the 
basis of the tables adopted by the retirement board, shall 
be paid to the legal representatives of the deceased mem- 
ber's estate; and further provided, that if no executor or 
administrator of the estate of such deceased member is 
appointed within three months after his death, all sums 
due under this paragraph, not exceeding one hundred dol- 
lars in any one case, may be paid to such person or per- 
sons as appear in the judgment of the retirement board 
to be entitled to the proceeds of the estate, and such pay- 
ment shall be a bar to recovery by any other person. 

(10)^ Any member of the retirement association receiv- 
ing a payment as provided in paragraph (9) of this sec- 
tion, shall, if not rendered ineligible therefor by the pro- 
visions of section twelve, be entitled to receive from the 
pension fund for each year of service a pension equal to 
one thirtieth of the pension which would have been due 
him under the provisions of this act if he had retired at 
the age of sixty, having paid thirty annual assessments to 
the annuity fund, and received an annuity computed in 
accordance with the provisions of paragraph (3) of this 
section: promded, however, that the minimum annual 
amount to be paid from the pension fund shall be such 
that a member will receive from this fund, for each year 
of his service, one thirtieth of two hundred and fifty dol- 
lars; and further provided, that the total retiring allowance 
shall in no case be greater than the amount which the 
said member would receive if he were to continue in serv- 
ice until the age of sixty, contributing annual assessments 
based on the average salary received during the five years 
immediately preceding retirement, at the rate of assess- 
ment in effect at the time of retirement. 

(11)^ If a member is granted an annuity-certain by the 
retirement board, his total retiring allowance shall not be 
limited to the total retiring allowance which he would have 
received at the age of sixty, as provided in paragraph (10) 
of this section, but the amount to be paid from the pen- 
sion fund shall be the amount which would have been paid 
from that fund if an annuity-certain had not been granted. 

1 As amended by chapter 233, General Acts of 1917, and chapter 335, Acts of 1920. 

2 As amended by chapter 233, General Acts of 1917. 



12 

(12)^ In computing the amount to be paid from the 
pension fund under the provisions of paragraph (10) of 
this section, the assumed assessments necessary to com- 
plete the thirty annual assessments shall be based on the 
average salary received during the ^ye years immediately 
preceding retirement, and shall be at the rate of assess- 
ment in effect at the time of retirement. Interest on the 
amount to the member's credit at the time of retirement 
and on the assumed assessments shall be figured at the 
rate of four per cent. 

(13)^ No member of the retirement association shall be 
retired under the provisions of paragraph (8) of this sec- 
tion until the fact of his disability has been certified to 
under oath by an examining physician selected by the 
employing school committee and approved by the -retire- 
ment board, and until any further evidence of his dis- 
ability which the retirement board may require shall have 
been furnished. 

(14)2 ^^ intervals of not less than one year, any mem- 
ber of the retirement association receiving a retiring allow- 
ance under the provisions of this section, who has not 
attained the age of sixty, shall, if so requested by the 
retirement board, be re-examined by a physician selected 
by the retirement board. If the retirement board finds 
that disability which prevents satisfactory service as a 
teacher no longer exists, the retiring allowance shall cease. 
Refusal to submit to re-examination shall be cause for 
discontinuing the retiring allowance. 

(15)2 If a teacher ceases to receive a retiring allowance 
under the provisions of paragraph (14) of this section, the 
amount to his credit at that time in the annuity fund 
shall be determined on the basis of tables adopted by the 
retirement board, and the said amount shall be considered 
for the purposes of this act to constitute the sum of his 
assessments, with the regular interest allowed thereon, to 
the time when his retiring allowance ceased. 

(16)2 Any member of the retirement association who 
shall cease to receive a retiring allowance under the pro- 
visions of paragraph (14) of this section, who does not 
re-enter the service of the public schools, and who does 
not withdraw the amount to his credit in the annuity fund, 

1 As amended by chapter 233, General Acts of 1917, and chapter 335, Acts of 1920. 

2 As amended by chapter 233, General Acts of 1917. 



13 

may, upon attaining the age of sixty, receive a retiring 
allowance computed in accordance with the provisions of 
paragraphs (3) and (4) of this section, or may, before 
attaining the age of sixty, under conditions to be deter- 
mined by the retirement board, upon request and after 
an interval of one year, be entitled to further re-examina- 
tion by a physician selected by the retirement board, and 
if disability contracted during service as a public school 
teacher is found to exist, shall again be entitled to receive 
a retiring allowance under the provisions of paragraphs (9) 
and (10) of this section. 

(17)^ In determining the average salary under para- 
graphs (5), (10) and (12) of this section, the yearly rate 
which the teacher would have received had he been in 
service shall be used for periods of sickness or leave of 
absence. 

(18)^ Periods of leave of absence or sickness of one 
month or more shall not be considered as part of the five 
years of service immediately preceding retirement required 
under paragraphs (5), (7) and (8) of this section, but sub- 
ject to the approval of the retirement board, such periods 
of absence or sickness shall not be considered as breaking 
the continuity of service. 

WITHDRAWAL AND REINSTATEMENT. 

Section 7.^ (1) Any member of the retirement associa- 
tion withdrawing from service in the public schools, except 
for the purpose of entering the service of the common- 
wealth, before becoming eligible to retirement shall be 
entitled to receive from the annuity fund all amounts 
contributed as assessments, together with regular interest 
thereon in one sum, or, if the retirement board shall so 
elect, the refund shall be made in four quarterly payments. 
If a member who is receiving his contributions with in- 
terest in quarterly installments, as provided by this para- 
graph, shall die before receiving the total amount to which 
he is entitled, the balance shall be paid to his estate. 

(2) If such withdrawal shall take place after ten annual 
assessments have been paid, the member may, if he shall 
so elect, instead of receiving a refund as provided in para- 
graph (1) of this section, receive an annuity for life, as 

1 As amended by chapter 335, Act of 1920. 

2 As amended by section 19, chapter 292, General Acts of 1919. 



14 

determined by the retirement board, of such amount as 
the sum of his assessments under section five, paragraph 
(2), with regular interest thereon, shall entitle him to re- 
ceive, with the provision that if he dies before receiving 
payments equal to the amount used to purchase the an- 
nuity the difference shall be paid to his estate. 

(3) Any member of the retirement association who shall 
have withdrawn from service in the public schools shall, 
on being re-employed in the public schools, be reinstated 
in the retirement association in accordance with such plans 
for reinstatement as the retirement board shall adopt. 

(4) If a member of the retirement association who is not 
receiving payments in accordance with the provisions of 
paragraphs (1) and (2) of this section, shall die before 
retirement, the full amount of his contributions to the 
annuity fund with regular interest thereon shall be paid to 
his estate,. 

(5) All amounts due the estate of a deceased member 
from the annuity and pension funds of the association 
shall be paid to his legal representatives: provided, that 
if the amount due the estate does not exceed three hun- 
dred dollars and if there has been no demand upon the 
retirement board by a duly appointed executor or admin- 
istrator, the payment may be made, after the expiration 
of three months from the date of death, to such person 
or persons as appear in the judgment of the retirement 
board to be entitled to the proceeds of the estate and such 
payment shall be a bar to recovery by any other person. 



TAXATION, ATTACHMENTS AND ASSIGNMENTS. 

So^t^xation, Section 8. That portion of the salary or wages of a 
attachments, nicmbcr dcductcd or to be deducted under this act, the 
right of a member to an annuity or pension, and all his 
rights in the funds of the retirement system shall be 
exempt from taxation, and from the operation of any laws 
relating to bankruptcy or insolvency, and shall not be 
attached or taken upon execution or other process of any 
court. No assignment of any right in, or to, said funds 
shall be valid. ^ The funds of the retirement system, so far 
as invested in personal property, shall be exempt from 
taxation. 

1 See chapter 75, General Acts of 1916, on page 23. 



etc. 



15 



DUTIES OF THE SCHOOL COMMITTEE. 



Section 9. (1) The school committee of each town Duties of school 
and city in the commonwealth shall, before employing in "'"^ 
any teaching position any person to whom this act may 
apply, notify such person of his duties and obligations 
under this act as a condition of his employment. 

(2) On or before October first of each year the school 
committee of each town and city in the commonwealth 
shall certify to the retirement board the names of all 
teachers to whom this act shall apply. 

(3) The school committee of each town and city in the 
commonwealth shall, on the first day of each calendar 
month, notify the retirement board of the employment of 
new teachers, removals, withdrawals, changes in salary of 
teachers, that shall have occurred during the month pre- 
ceding. 

(4) Under the direction of the retirement board the 
school committee of each town or city in the common- 
w^ealth shall furnish such other information as the board 
may require relevant to the discharge of the duties of the 
board. 

(5) The school committee of each town and city in the 
commonwealth shall, as directed by the retirement board, 
deduct from the amount of the salary due each teacher 
employed in the public schools of such city or town such 
amounts as are due as contributions to the annuity fund 
as prescribed in this act, shall send to the treasurer of 
said town or city a statement as voucher for such deduc- 
tions, and shall send a duplicate statement to the secre- 
tary of the retirement board. 

(6) The school committee of each town and city in the 
commonwealth shall keep such records as the retirement 
board may require. 

duties of boards of trustees. 

Section 10. In administering this act for the benefit JJj^*^|°f 
of teachers in schools conducted in accordance with chap- trustees. 
ter four hundred and seventy-one of the acts of the year 
nineteen hundred and eleven, the boards of trustees of 
said schools are hereby authorized and required to per- 
form all the duties prescribed for school committees under 
this act. 



16 



Custody and 
investment of 
funds. 



CUSTODY AND INVESTMENT OF FUNDS. 

Section 11. (1) The treasurer of each town or city 
in the commonwealth on receipt from the school com« 
mittee or board of trustees of the voucher for deductions 
from the teachers' salaries provided for in section nine 
shall transmit, monthly, the amounts specified in such 
voucher to the secretary of the retirement board. 

(2) The secretary of the retirement board shall monthly 
pay to the treasurer of the commonwealth all sums col- 
lected by him under the provisions of paragraph (1). 

(3) All funds of the retirement system shall be in cus- 
tody and charge of the treasurer of the commonwealth 
and the treasurer shall invest such funds as are not re- 
quired for current disbursements in accordance with the 
laws of the commonwealth governing the investment of 
sinking funds. He may, whenever he sells securities, 
deliver the securities so sold upon receiving the proceeds 
thereof, and may execute any or all documents necessary 
to transfer the title thereto. 

(4) The treasurer of the commonwealth shall make such 
payments to members of the retirement association from 
the annuity fund and pension fund as the retirement board 
shall order to be paid in accordance with sections six and 
seven of this act. 

(5) On, or before, the third Wednesday in January, the 
treasurer of the commonwealth shall file with the insur- 
ance commissioner for the commonwealth, and with the 
secretary of the retirement board, a sworn statement ex- 
hibiting the financial condition of the retirement system 
on the thirty-first day of the preceding December and its 
financial transactions for the year ending at such date. 
Such statement shall be in the form prescribed by the 
retirement board and approved by the insurance commis- 
sioner. 



Membership in 
other retire- 
ment associa- 
tions. 



MEMBERSHIP IN OTHER RETIREMENT ASSOCIATIONS. 

Section 12. (1) No person required to become a mem- 
ber of the association under the provisions of paragraph 
(1) of section three of this act shall be entitled to partici- 
pate in the benefits of any other teachers' retirement sys- 
tem, supported in whole or in part by funds raised by 
taxation, or to a pension under the provisions of chapter 



17 

four hundred and ninety-eight of the acts of the year nine- 
teen hundred and eight, or chapter five hundred and 
eighty-nine of the acts of the year nineteen hundred and 
eight, as amended by chapter six hundred and seventeen 
of the acts of the year nineteen hundred and ten. 

(2) No member of the retirement association shall be 
eligible to receive any pension as described in section six 
of this act, who is at the time in receipt of a pension paid 
from funds raised in whole or in part from taxation under 
the provisions of chapter four hundred and ninety-eight of 
the acts of the year nineteen hundred and eight, or chap- 
ter five hundred and eighty-nine of the acts of the year 
nineteen hundred and eight, as amended by chapter six 
hundred and seventeen of the acts of the year nineteen 
hundred and ten, or of any other act providing pensions 
for teachers, providing that this paragraph shall not be 
construed as applying to the Boston Teachers' Retirement 
Fund Association. 

REIMBUKSEMENT OF CITIES AND TOWNS. 

Section 13. (1)^ Whenever, after the first day of July, Reimbursement 
nineteen hundred and fourteen, a town or city retires a towns^^^'^ 
teacher w^ho is not eligible to a pension under the provi- 
sions of section six, paragraph (4) of this act, and pays 
to such teacher a pension in accordance with chapter four 
hundred and ninety-eight of the acts of the year nineteen 
hundred and eight, or chapter five hundred and eighty- 
nine of the acts of the year nineteen hundred and eight, 
as amended by chapter six hundred and seventeen of the 
acts of the year nineteen hundred and ten, and the school 
corhmittee of said town or city certifies under oath to the 
retirement board to the amount of said pension, said town 
or city shall be reimbursed therefor annually by the com- 
monwealth: provided, that no such reimbursement shall be Proviso, 
granted unless the retirement shall have been approved by 
the teachers' retirement board, and the amount of said 
reimbursement shall not be in excess of the amount, as 
determined by the retirement board, to which said teacher 
would have been entitled as a pension, had he become a 
member of the retirement association under the provisions 
of section three, paragraph (2) of this act. 

1 As amended by section 20, chapter 292, General Acts of 1919, 



18 



(2) On or before the first Wednesday of January of each 
year, the retirement board shall present to the general 
court, a statement of the amount expended previous to 
the preceding first day of July by cities and towns in the 
payment of pensions under the provisions of the preceding 
paragraph, for which such cities and towns should receive 
reimbursement. On the basis of such a statement, the 
general court may make an appropriation for the reim- 
bursement of such cities and towns up to such first day 
of July. 

Section 13a} If, in the judgment of the insurance com- 
missioner, the commonwealth or the board of retirement 
has violated or neglected to comply with any of the pro- 
visions of this act, or the rules and regulations established 
by the board hereunder, he shall give notice thereof to 
the governor and to the board, and thereafter, if such 
violation or neglect on the part of the board continues, 
shall forthwith present the facts to the attorney-general 
for his action. 



Enforcement 
of act. 



JURISDICTION OF COURT. 



Section 14. The superior court shall have jurisdiction 
in equity upon petition of the insurance commissioner or 
of any interested party to compel the observance and 
restrain the violation of this act, and of the rules and regu- 
lations established by the retirement board hereunder. 



Question of re- 
peal to be sub- 
mitted to 
voters upon 
petition. 



REFERENDUM AND REPEAL. 

Section 15. Upon the petition of not less than five 
per cent of the legal voters of any city or town that has 
adopted chapter four hundred and ninety-eight^ of the 
acts of the year nineteen hundred and eight, this question 
shall be submitted, in case of a city, to the voters of such 
city at the next city election, and, in case of a town, to 
the voters of such town at the next annual town meeting, 
and the vote shall be in answer to the question to be 
placed upon the ballot: "Shall an act passed by the gen- 
eral court in the year nineteen hundred and eight, en- 
titled, 'An Act to authorize cities and towns to establish 
pension funds for teachers in the public schools', be re- 
pealed?" and if a majority of the voters voting thereon 

1 As amended by section 116, chapter 257, General Acts of 1918. 

2 See page 25 for the chapter referred to. 



19 

at such election or meeting shall vote in the affirmative 
said act shall be repealed in such city or town. 

Section 16. So much of chapter four hundred and ^^peai. 
ninety-eight^ of the acts of the year nineteen hundred and 
eight as authorizes its submission to the voters of a city 
or town for acceptance after the passage of this act is 
hereby repealed. 

Section 17. This act shall take effect upon its passage. 

Chapter 494, Acts of 1914. 

Certain Teachers in the Schools of the City of 
Boston may become Members of the State 
Teachers' Retirement Association. 

Section 1.^ Teachers employed by the city of Boston 
prior to the' thirtieth day of June, nineteen hundred and 
fourteen, in schools operating under the provisions of chap- 
ter four hundred and seventy-one of the acts of the year 
nineteen hundred and eleven, may become members of 
the teachers' retirement association, as established by 
chapter eight hundred and thirty-two of the acts of the 
year nineteen hundred and thirteen, in the manner pre- 
scribed by paragraph (2) of section three of said chapter; 
and all teachers employed in the said schools for the first 
time after the first day of July, nineteen hundred and 
fourteen, shall thereby become members of the said retire- 
ment association as prescribed by paragraph (1) of said 
section three. 

Section 2. Paragraph (3)^ of section three of said chap- Certain pro- 
ter eight hundred and thirty-two shall not be construed I?t to apply. 
as applying to the teachers described in section one of 
this act. 

Chapter 54, General Acts of 1916. 

An Act relative to the Retirement of Teachers 
AND Other Employees in Training Schools main- 
tained under the Direction of the Board of 
Education. 

Section 1. All persons employed as teachers in train- 
ing schools maintained and controlled by the board of 
education shall be considered as public school teachers for 
the purposes of chapter eight hundred and thirty-two of 

1 See page 25 for the chapter referred to. 

2 As amended by section 1, chapter 50, Acts of 1920, 
8 See page 5 for paragraph referred to. 



20 

the acts of the year nineteen hundred and thirteen and 
acts in amendment thereof and in addition thereto, and 
such a teacher upon becoming a member of the Teachers' 
Retirement Association shall thereafter pay to the Teach- 
ers' Annuity Fund assessments based upon his total salary 
including the part paid by the commonwealth: provided, 
that the total assessments shall not exceed one hundred 
dollars in any one year. Such assessments shall be de- 
ducted in accordance with rules and regulations prescribed 
by the teachers' retirement board. Nothing herein con- 
tained shall apply to teachers regularly employed in the 
normal schools who " devote some time to training school 
work, and are therefore subject to the provisions of chapter 
^ve hundred and thirty-two of the acts of the year nine- 
teen hundred and eleven, and acts in amendment thereof 
and in addition thereto. 

Section 2. Teachers now members of the association 
established by chapter ^ve hundred and thirty-two of the 
acts of the year nineteen hundred and eleven and acts in 
amendment thereof and in addition thereto, who, under 
the provisions of this act, become members of the retire- 
ment association established by chapter eight hundred and 
thirty-two of the acts of the year nineteen hundred and 
thirteen, and acts in amendment thereof and in addition 
thereto, shall have the full amount of their contributions, 
together with such interest as shall have been earned 
thereon, transferred in the manner prescribed by chapter 
one hundred and ninety-seven of the General Acts of the 
year nineteen hundred and fifteen. 

Section 3. All other persons employed in the training 
schools maintained and controlled by the board of educa- 
tion in buildings owned by the commonwealth shall be 
considered employees of the commonwealth for the pur- 
poses of chapter five hundred and thirty-two of the acts of 
the year nineteen hundred and eleven, and acts in amend- 
ment thereof and in addition thereto. All other persons 
employed in the training schools maintained and controlled 
by the board of education in buildings not owned by the 
commonwealth shall not be considered employees of the 
commonwealth for the purposes of said act. 

Section 4. This act shall take effect on the first day 
of July, nineteen hundred and sixteen. 



21 



Chapter 56, Acts of 1920. 

An Act relative to the Retirement Pensions of 
Persons employed in the Public Schools and 
also by the commonwealth. 

Section 1. A person who is principally employed as a 
teacher in the public schools but who is also employed by 
the commonwealth shall, if a member of the retirement 
association established by chapter eight hundred and 
thirty-two of the acts of nineteen hundred and thirteen, 
pay assessments to the annuity fund established by para- 
graph (2) of section five of said chapter, as amended by 
sections one hundred and eleven and one hundred and 
twelve of chapter two hundred and fifty-seven of the 
General Acts of nineteen hundred and eighteen, based on 
the total salary received for service as a public school 
teacher and for employment by the commonwealth: pro- 
vided, that the annual assessment of such a member shall 
not exceed one hundred dollars. 

Section 2. A person who is principally employed by 
the commonwealth but who is also employed in the public 
schools shall not be a member of the retirement associa- 
tion established by said chapter eight hundred and thirty- 
two, but shall be subject to chapter five hundred and 
thirty-two of the acts of nineteen hundred and eleven, 
and if a member of the retirement association for state 
employees shall pay assessments to the annuity fund estab- 
lished by said chapter five hundred and thirty-two based 
on the total salary received for service rendered to the 
commonwealth and for employment as a public school 
teacher: provided, that a person who receives more than 
thirty dollars weekly in salary or wages shall not be 
assessed on the excess above that amount. 

Section 3. ^Assessments under this act shall be de- 
ducted from salary or other compensation in accordance 
with the rules and regulations prescribed by the respective 
retirement boards having jurisdiction. 



22 



n 



Chapter 50, Acts of 1920. 

Ax Act eelative to the Retirement Pensions of 
Teachers employed by the City of Boston in 
Continuation Schools. 

Section 1. Section one of chapter four hundred and 
ninety-four of the acts of nineteen hundred and fourteen 
is hereby amended by striking out the words "and of 
chapter eight hundred and five of the acts of the year 
nineteen hundred and thirteen'', in the fifth and sixth Hues, 
so as to read as follows: — Section 1. Teachers employed 
by the city of Boston prior to the thirtieth day of June, 
nineteen hundred and fourteen, in schools operating under 
the provisions of chapter four hundred and seventy-one of 
the acts of the year nineteen hundred and eleven, may 
become members of the teachers' retirement association, 
as established by chapter eight hundred and thirty-two of 
the acts of the year nineteen hundred and thirteen, in the 
manner prescribed by paragraph (2) of section three of 
said chapter; and all teachers employed in the said schools 
for the first time after the first day of July, nineteen hun- 
dred and fourteen, shall thereby become members of the 
said retirement association as prescribed by paragraph (1) 
of said section three. 

Section 2. A teacher now employed in a continuation 
school conducted under chapter three hundred and eleven 
of the General Acts of nineteen hundred and nineteen, who 
is a member of the retirement association established by 
chapter eight hundred and thirty-two of the acts of nine- 
teen hundred and thirteen, shall by making application in 
writing to the state teachers' retirement board before July 
first, nineteen hundred and twenty, continue to be a mem- 
ber thereof until he leaves the continuation school service. 

Section 3. All teachers employed by the city of Boston 
in continuation schools conducted under said chapter three 
hundred and eleven, shall be subject to chapter two hun- 
dred and thirty-seven of the acts of nineteen hundred and 
to chapter five hundred and eighty-nine of the acts of 
nineteen hundred and eight, except teachers who under 
section two of this act continue to be members of the 
retirement association established by said chapter eight 
hundred and thirty-two. 

Section 4. Anv member of the retirement association 



23 

established by said chapter eight hundred and thirty-two 
who becomes subject to said chapter two hundred and 
thirty-seven and said chapter five hundred and eighty- 
nine, shall be entitled to a refund of his contributions as 
provided by paragraph (1) of section seven of said chapter 
eight hundred and thirty-two, as amended by section three 
of chapter one hundred and ninety-eight of the General 
Acts of nineteen hundred and fifteen and by section nine- 
teen of chapter two hundred and ninety-two of the General 
Acts of nineteen hundred and nineteen. 

Section 5. All service rendered by a teacher in a 
school established by the city of Boston under the pro- 
visions of chapter eight hundred and five of the acts of 
nineteen hundred and thirteen, shall, for the purposes of 
said chapter two hundred and thirty-seven and of said 
chapter five hundred and eighty-nine, be considered as 
public school service rendered to the city of Boston. 

Chapter 75, General Acts of 1916. 

An Act to prohibit the Pledge, Mortgage, Sale, 
Assignment or Transfer of Pensions granted 
BY THE Commonwealth or by Any County, City 
OR Town. 

Any pledge, mortgage, sale, assignment, or transfer here- 
after made of any right, claim, or interest in any pension 
which has been, or may hereafter be granted by the com- 
monwealth or by any county, city or town, shall be void 
and of no effect, and any person who shall be a party to 
such pledge, mortgage, sale, assignment or transfer of any 
right, claim, or interest in any pension, or pension certifi- 
cate, which has been, or may hereafter be granted or issued 
by the commonwealth or by any county, city or town, 
or who shall hold the same as collateral security for any 
debt or promise, or upon any pretext of such security or 
promise, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine not exceeding 
one hundred dollars. 



24 



Chapter 80, General Acts of 1919. 

An Act to enable Certain Pensioners and Annui- 
tants TO receive the Emoluments of Elective 
Office. 

Section one of chapter six hundred and fifty-seven of 
the acts of nineteen hundred and thirteen, as amended by 
chapter eiighty-eight of the General Acts of nineteen hun- 
dred and sixteen and by section one hundred and thirty- 
five of chapter two hundred and fifty-seven of the General 
Acts of nineteen hundred and eighteen, is hereby further 
amended by inserting . after the word *' service", in the 
eighth line, the words : — and service in a public office to 
which he has been elected by the direct vote of the 
people, — so as to read as follows: — Section 1. — No per- 
son, while receiving a pension or an annuity from the 
commonwealth, or from any county, city or town, except 
teachers who on March thirty-first, nineteen hundred and 
sixteen, were receiving annuities not exceeding one hun- 
dred and eighty dollars per annum, shall, after the date 
of the first payment of such annuity or pension, be paid 
for any service, except jury service and service in a public 
office to which he has been elected by the direct vote of 
the people, rendered to the commonwealth, county, city 
or town, from whose treasury said pension or annuity is 
payable. 

Chapter 350, General Acts of 1919. 

An Act to organize in Departments the Executive 
AND Administrative Functions of the Common- 
wealth. 

Section 56. The board of education, existing under 
authority of chapter thirty-nine of the Revised Laws, and 
acts in amendment thereof and in addition thereto, and 
the bureau of immigration, existing under authority of 
chapter three hundred and twenty-one of the General 
Acts of nineteen hundred and seventeen, are hereby abol- 
ished. All the rights, powers, duties and obligations of 
said board and bureau are hereby transferred to and shall 
hereafter be exercised and performed by the department of 
education established by this act, which shall be the lawful 
successor of said board and said bureau. 

The trustees of the Massachusetts Agricultural College, 
existing under authority of chapter two hundred and sixty- 



25 

two of the General Acts of nineteen hundred and eighteen, 
the board of commissioners of the Massachusetts nautical 
school, existing under authority of chapter forty-five of 
the Revised Laws and acts in amendment thereof and in 
addition thereto, the trustees of The Bradford Durfee Tex- 
tile School, existing under authority of chapter two hun- 
dred and forty-eight of the General Acts of nineteen hun- 
dred and eighteen, the trustees of the Lowell Textile 
School, existing under authority of chapter two hundred 
and seventy-four of the General Acts of nineteen hundred 
and eighteen, the trustees of the New Bedford Textile 
School, existing under authority of chapter two hundred 
and forty-six of the General Acts of nineteen hundred and 
eighteen, the teachers' retirement board, existing under 
authority of chapter eight hundred and thirty-two of the 
acts of nineteen hundred and thirteen, the board of free 
public Kbrary commissioners, existing under authority of 
chapter thirty-eight of the Revised Laws and acts in 
amendment thereof and in addition thereto, and the com- 
mission for the blind, existing under authority of chapter 
two hundred and sixty-six of the General Acts of nine- 
teen hundred and eighteen, are hereby placed in and shall 
hereafter serve in the said department. 

Section 6L The teachers' retirement board shall here- 
after consist of three members, — namely, the C\Ommis- 
sioner of education, a member of the retirement associa- 
tion to be elected for the term of three years by the 
association, and one other person whom the two mem- 
bers above designated shall annually choose. The board 
so constituted shall hereafter exercise the functions of the 
board under chapter eight hundred and thirty-two of the 
acts of nineteen hundred and thirteen. 

Chapter 498, Acts of 1908. 

Cities and Towns authorized to establish Pension 
Funds for Teachers in the Public Schools. 

Section L In any city or town, except the city of Pension^funds 
Boston, which accepts the provisions of this act^ a pension public schools. 
fund shall be established for the retirement of teachers in 
the public schools. The fund shall be derived from such 
revenues as may be devoted to the purpose by the city 
council of a city or by direct appropriation by a town. 

1 No more cities and towns may accept this act. See section 16 of chapter 832, Acts 
of 1913, on page 19. 



26 



Retirement of 
teachers, etc. 



Acceptance of 
act. 



When to take 
effect. 



The treasurer of the city or town shall be the custodian of 
the fund, and shall make annual or semi-annual payments 
therefrom to such persons and of such amounts as shall be 
certified to him by the school committee. 

Section 2. The school committee of any city or town 
which shall accept the provisions of this act may retire 
from active service and place upon the pension roll, any 
teacher of such city or town who is sixty years old or over, 
or is, in the judgment of said committee, incapacitated 
for useful service, and who has faithfully served such city 
or town for twenty-five years. The amount of the annual 
pension allowed to any person under the provisions of this 
act shall not exceed one half of the annual compensation 
received by such person at the time of such retirement and 
in no case shall exceed G.ve hundred dollars. 

Section 3.^ Upon the petition of not less than five per 
cent of the legal voters of any city or town, this act shall 
be submitted, in case of a city, to the voters of such city 
at the next city election, and, in case of a town, to the 
voters of such town at the next annual town meeting, and 
the vote shall be in answer to the question, to be placed 
upon the ballot: — Shall an act passed by the general 
court in the year nineteen hundred and eight, entitled 
"An Act to authorize cities and towns to establish pen- 
sion funds for teachers in the public schools", be accepted? 
and if a majority of the voters voting thereon at such elec- 
tion or meeting shall vote in the affirmative this act shall 
take effect in such city or town. 

Section 4.^ So much of this act as authorizes its sub- 
mission to the voters of a city or town shall take effect 
upon its passage, but it shall not take further effect in any 
city or town until accepted by the voters thereof as herein 
provided. 



See sections 15 and 16 of chapter 832, Acts of 1913, on pages 18 and 19. 



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